Greenlee v. State

Opinion Concurring in Part, Dissenting in Part

Staton, P.J.

— I concur with the majority opinion that the conviction should be affirmed, but I dissent from the majority opinion where it affirms the ruling of the trial court upon the sexual deviant petition.

Greenlee should have been sentenced under the Criminal Sexual Deviancy Statutes.1 IC 1971, 35-11-3.1-1 (Burns Code Ed.) defines “criminal sexual deviant” as “any person over the age of sixteen (16) years who has been convicted of a sexual offense or an offense which directly involved the commission of an illegal sexual act, . . .” (My…